Workplace Discrimination | InjuryBoard Denver

Colorado permits the filing of unemployment compensation claims on line.

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In Antonio v. Sygma Network, Inc., No. 05-1374 (10th Cir. August 17, 2006), the 10th Circuit affirmed a judgment without trial for an employer, who was sued by an employment claiming employment retaliation and discrimination. The Court concluded that the trial court properly ruled that: 1) plaintiff's prima facie case of retaliation failed for lack of causation; and 2) her discrimination case...

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A class of female employees at The Boeing Company's Wichita, Kansas facility sued claiming discrimination in overtime assignments and compensation. On August 7, 2006, the 10th Circuit Court of Appeals held in favor of Boeing and against the female employees on their appeal of the trial court's decisions regarding class certification.

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On August 1, 2006, the 10th Circuit Court of Appeals, in an unusual show of descriptive writing, observed the following, when ruling on claims of breach of contract in the 1984 sale of the majority of stock in the partnership that owned the Denver Broncos. "If sport be a metaphor for life, then surely the sale of a National Football League franchise must be like the game itself. Sophisticated...

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When reservists working in one of the U.S. military branches are called to serve, the law mandates that the reservist's civilian job be held by his or her employer. The employment law statute says that the reservist "must be put back in the same or similar position with like seniority, status and pay." Some companies, however, still do not comply with the law by firing or demoting employees who...

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The AP reports that flight attendants with Northwest will begin unannounced strikes on August 15 at 9:01 p.m. CDT if Northwest does not stop the imposition of a new contract on employees. Questions remain about the legality of such a strike. Airline law and bankruptcy code may be challenged in court as Northwest 2005 bankruptcy allows new contracts to be established. They believe that not only...

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When handling a termination or a disciplinary situation, it is critical that the manager or supervisor remain calm and professional, or the employer may have problems explaining the "business reason" for the employer's action when discriminatory motive is claimed. In Zamora v. Elite Logistics, Inc., decided June 5,2006, the 10th Circuit looked to the supervisor's responses, which were rude and...

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An employer cannot "rubber stamp" the decision of a bigoted manager to terminate an employee, and then claim lack of discriminatory intent when the employee files suit claiming discrimination. In EEOC v. BCI Coca-Cola Bottling Co., decided June 7, 2006, the 10th Circuit recognized that an employer must hear both sides of the story and conduct an independent investigation of the grounds for...

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The Court first explained that in making a reverse discrimination claim, an employee must show that the employer is actually discriminating against the majority - a fairly unusual occurrence. The Court concluded that Argo could not establish reverse discrimination in this case. Instead, Blue Cross showed that it hired many men for the same position and that it had employed Argo in the...

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Sometimes, it really is all about performance. Or, in the words of Judge McConnell of the Tenth Circuit, "This case presents an especially weak Title VII sex discrimination claim."The Plaintiff, Griff G. Argo, worked as an Individual Enrollment Specialist ("IES") for the Defendant Blue Cross Blue Shield of Kansas, Inc. ("Blue Cross"). Although he was an effective worker for several years, his...

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On June 22, 2006, the United States Supreme Court rendered entered a new, sweeping decision concerning retaliation claims under Title VII, which gives victims of retaliation greater protection than victims of actual discrimination. In Burlington Northern & Santa Fe Railroad v. White, an opinion authored by Justice Breyer, the Supreme Court decided for the first time that an employer may be...

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There is an urban myth, that a claim for hostile work environment can encompass any kind of behavior in the workplace, from compliments about one's dress or hair to rude behavior to bosses or co-workers who are always angry or boorish. This is simply not true. Federal and state civil rights laws do not impose a general civility code; simple teasing, offhand comments, and isolated incidents,...

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